WOODLEY, Commissioner.
The conviction is for the offense of assault with intent to murder without malice; the punishment 3 years confinement in the penitentiary.
The evidence shows that appellant inflicted serious injuries upon David Thuston with a knife, which injuries included a long cut on the upper chest which penetrated the right chest cavity and which apparently collapsed the right lung; a cut that penetrated the abdominal cavity and perforated the intestines...
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